Creditors cannot use the theory of necessaries to collect a debt from a non-debtor spouse if a state has revoked the doctrine of necessaries. Twelve states removed the notion of necessaries for spousal debt. The phrase “mutual obligation of support” means no requirement for the state to include the term “doctrine of necessaries” in its state legislature, but the impact is the same. When the phrase “common law norm applies equally to both spouses” appears in a state statute, it implies that the common law was in the act, but it was amended to apply equally to both spouses.
Minors, Medical Debt, and the Doctrine of Necessaries
The necessary concept applies to parents of kids under eighteen, which indicates that parents are accountable for their underage children’s well-being. Even if a parent has a religious objection to a procedure, it is a vital public policy for families to contribute and pay for medical care for small kids. Medical practitioners can sue parents to compel them to pay for essential treatments in court for their underage kids.
There is a conflicting rule of law at work here, which might be perplexing. Contract laws are rarely enforced against children by the courts, and minors cannot understand contracts. Thus courts should not enforce contracts against them, according to this logic. That is why some businesses and medical providers have a policy that “must be eighteen or older to sign our contract.” Contracts with minors can and will be invalidated by the courts. This law exists in certain states for debts incurred for needs, such as non-elective medical care.
The Need for Doctrine of Necessaries: A husband and wife were one legal entity under early English common law. Married women did not have the right to possess property or manage their finances. Because married women were unable to possess property or incur debts without the assistance of their husbands, the common law recognized that husbands had a responsibility to support and pay for their wivesâ€™ needs.
The husband was liable to third parties who provided products and services under the standard law theory of necessaries. This included medication and hospital attention for a wife and children. Over the previous 200 years or more, several states have changed their laws as now both husband and wife have their properties, jobs, etc.
Proving a Doctrine of Necessaries Case
The notion of necessaries does not automatically imply liability, and the creditor bears the burden of proving that the requirements were on the credit of the non-debtor spouse.
Most state courts require the provider of required services or products to prove the following to succeed under a theory of the concept of necessaries:
The spouse gets gifts or services.
The receiving spouse’s health and well-being necessitated the provision of services or commodities.
At the time of giving the required services or products, the person against whom the action has married the individual to whom the necessary services and goods are given; and
The necessary expenses are unpaid.
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